Parking Eye and Adsa contract.

[delta157]

Just some useless information that others may want to look into.

Whilst at my local Asda today I noticed several cars parked in dedicated disabled bays not displaying a blue badge.

POFA 2012 and the House of Commons library state the blue badge scheme is not enforceable on private land, (failing to display a blue badge to park).

Curiously I asked security why this has been allowed to happen and why Parking Eye (PE) are not enforcing this, as the terms and conditions state only blue badge holders displaying their badge may park in these spaces.

The response from the officer was that Parking Eye has lost it's contract to enforce at all Asda car parks. If true, what are the ramimifications if any to any tickets issued but not paid to date?

If this is true does this mean that PE cannot take or make any further demands for breaches of contract and or overstating within?

Since I'm not a driver it doesn't affect me, but those that are what would this mean to them.

If anyone wants to look into this and maybe help those that might consider paying PE, I'd ask do they have to now?

Your thoughts please!

[zeke]

My mum is a blue badge holder and when I'm driving her about, I've always used the badge on private car parks as well as public spaces. Never had an issue.

If I really wanted to I can park on double yellows, but common sense prevails because I'm not happy with the danger to other road users. I prefer pushing a wheelchair a little further.

As a matter of principle, I have never paid a private parking charge notice, nor have I been taken to court over one: http://nationalbailiffadvice.uk/Private ... ckets.html

[delta157]

My query is, if PE have indeed lost the contract what if any ramifications are there in using enforcement now?

Can they still run with recovery for those prior to losing the contract, or does this end their abilities to collect now.

I'm thinking what if they try to collect when or if their abilities are non-existent.

What if they try at Court to use EA's to recover?

[Syd Snitkin]

I would hazard a guess that are still able to pursue tickets given at the time, a bit like if they went into administration and you would still owe the debt.

[zeke]

My query is, if PE have indeed lost the contract what if any ramifications are there in using enforcement now?

They can still enforce tickets from while the contract was in force.

Can they still run with recovery for those prior to losing the contract, or does this end their abilities to collect now.

They can still collect.

I'm thinking what if they try to collect when or if their abilities are non-existent.

You defend it on the grounds of having no contract between the parties and apply to strike out the claim under CPR 3.4 because the claim is without merit.

What if they try at Court to use EA's to recover?

They would need an enforcement power, and a defended parking ticket claim is expensive for the parking company. They rely on undefended claims to be commercially beneficial. Once a judgment is obtained, they can use bailiffs to recover the money in the same manner as a council parking ticket.

[charitynjw]

Protection of Freedoms Act 2012 Schedule 4

Right to claim unpaid parking charges from keeper of vehicle
4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

No contract with the landowner/authorised agent = no right.

http://www.legislation.gov.uk/ukpga/201 ... /4/enacted

[charitynjw]

Bit more

Conditions that must be met for purposes of paragraph 4
5(1)The first condition is that the creditor—
(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but